{"id":41796,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/1600-plymouth-street-mountain-view-ca-lease-john-arrillaga.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"1600-plymouth-street-mountain-view-ca-lease-john-arrillaga","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/1600-plymouth-street-mountain-view-ca-lease-john-arrillaga.html","title":{"rendered":"1600 Plymouth Street (Mountain View, CA) Lease &#8211; John Arrillaga, Richard T. Peery, and VERITAS Software Corp."},"content":{"rendered":"<pre>                                 AMENDMENT NO. 1\n                                    TO LEASE\n\n        THIS AMENDMENT NO. 1 is made and entered into this 28th day of May,\n1997, by and between JOHN ARRILLAGA, Trustee, or his Successor Trustee UTA dated\n7\/20\/77 (JOHN ARRILLAGA SURVIVOR'S TRUST) (previously known as the 'John\nArrillaga Separate Property Trust') as amended, and RICHARD T. PEERY, Trustee,\nor his Successor Trustee UTA dated 7\/20\/77 (RICHARD T. PEERY SEPARATE PROPERTY\nTRUST) as amended, collectively as LANDLORD, and VERITAS SOFTWARE CORPORATION, a\nCalifornia corporation, as TENANT.\n\nRECITALS\n\n         A. WHEREAS, by Lease Agreement dated September 2, 1994 Landlord leased\nto Tenant approximately 58,958 (plus or minus) square feet of that certain\n74,515 (plus or minus) square foot building located at 1600 Plymouth Street,\nSuite 101, Mountain View, California, the details of which are more particularly\nset forth in said September 2, 1994 Lease Agreement, and\n\n        B. WHEREAS, said Lease was amended by the Commencement Letter dated\nJanuary 24, 1995 which changed the Commencement Date of the Lease from November\n1, 1994 to January 23, 1995, and changed the Termination Date from October 31,\n2001 to January 31, 2002, and\n\n        C. WHEREAS, it is now the desire of the parties hereto to amend the\nLease by (i) increasing the square footage of the Leased Premises by 7,011\nsquare feet effective October 21, 1997, subject to the terms and conditions\nherein, (ii) amending the Basic Rent schedule and Aggregate Rent accordingly,\n(iii) increasing the Security Deposit required under the Lease, (iv) increasing\nTenant's non-exclusive parking spaces, (v) amending the Management Fee charged\nto Tenant, (vi) amending Lease Paragraph 16 ('Assignment and Subletting'), (vii)\nreplacing Lease Paragraph 36 ('Limitation of Liability'), and (viii) adding a\nparagraph ('Authority to Execute') to said Lease Agreement as hereinafter set\nforth.\n\nAGREEMENT\n\n        NOW THEREFORE, for valuable consideration, receipt of which is hereby\nacknowledged, and in consideration of the hereinafter mutual promises, the\nparties hereto do agree as follows:\n\n1. INCREASED PREMISES: Subject to the terms and conditions of this Amendment No.\n1, effective October 21, 1997, the size of the Leased Premises will be increased\nby 7,011 (plus or minus) square feet, or from 58,958 (plus or minus) square\nfeet to 65,969 (plus or minus) square feet of space. Total said Premises are \nmore particularly shown within the area outlined in Red on Exhibit A. The entire\nparcel, of which the Leased Premises is a part, is shown within the area\noutlined in Green on Exhibit A. The additional 7,011 (plus or minus) square feet\nof space is leased on an 'as-is' basis, in its present \n\n\n\ncondition and configuration, as set forth in Blue on Exhibit B attached hereto,\nwith the entire interior leased Premises shown in Red on Exhibit B.\n\n2. AMENDMENT SUBJECT TO LANDLORD'S OBTAINING TERMINATION AGREEMENT WITH CURRENT\nTENANT FOR CURRENT TENNANT'S SPACE: This Amendment is subject to Landlord\nobtaining from Ariba Technologies, Inc. ('Ariba'), the current tenant occupying\nthe Premises leased hereunder, a Termination Agreement satisfactory to Landlord\non or before October 20, 1997. In the event Landlord is unable to obtain said\nsatisfactory Agreement on or before October 20, 1997, and\/or in the event Ariba\nfails to timely vacate the Premises and surrender same to Landlord free and\nclear of its occupancy, this Amendment shall, at Landlord's option: a) be\nrescinded, or b) the Commencement Date of the Increased Premises hereof shall be\nmodified to reflect the date Landlord so obtains said satisfactory Termination\nAgreement and receives possession of the Increased Premises free and clear of\nAriba's occupancy; provided, however, that said period of delay caused by Ariba\nshall not extend beyond December 19, 1997. In the event Landlord cannot deliver\nsaid Increased Premises by December 19, 1997 (subject only to delays as set\nforth in Lease Paragraph 3 ('Possession')), this Amendment No. 1 shall be\nautomatically rescinded.\n\n        Notwithstanding the above, in the event Ariba vacates the Increased\nPremises prior to October 20, 1997, the Commencement Date of the Increased\nPremises hereof shall be modified to reflect the date immediately following the\ndate Ariba vacates the Premises and surrenders the same to Landlord free and\nclear of its occupancy.\n\n3. BASIC RENT SCHEDULE: The Basic Rent schedule, as shown in Paragraph 4(A) of\nthe Lease Agreement, shall be amended as follows:\n\nOn October 1, 1997, the sum of ONE HUNDRED THIRTEEN THOUSAND THREE HUNDRED\nTHIRTY TWO AND 83\/100 DOLLARS ($113,332.83) shall be due, representing the\nprorated Basic Rent due for the period of October 1, 1997 through October 31,\n1997.\n\nOn November 1, 1997, the sum of ONE HUNDRED TWENTY SIX THOUSAND FOUR HUNDRED\nTHIRTY NINE AND 08\/100 DOLLARS ($126,439.08) shall be due, and a like sum due on\nthe first day of each month thereafter, through and including January 1, 1998.\n\nOn February 1, 1998, the sum of ONE HUNDRED TWENTY NINE THOUSAND THREE HUNDRED\nEIGHTY SIX AND 98\/100 DOLLARS ($129,386.98) shall be due, and a like sum due on\nthe first day of each month thereafter, through and including October 1, 1998.\n\nOn November 1, 1998, the sum of ONE HUNDRED TWENTY NINE THOUSAND SEVEN HUNDRED\nTHIRTY SEVEN AND 53\/100 DOLLARS ($129,737.53) shall be due, and a like sum due\non the first day of each month thereafter, through and including January 1,\n1999.\n\nOn February 1, 1999, the sum of ONE HUNDRED THIRTY TWO THOUSAND SIX HUNDRED\nEIGHTY FIVE AND 43\/100 DOLLARS ($132,685.43) shall be due, and a like sum due on\nthe first day of each month thereafter, through and including October 1, 1999.\n\n\n\nOn November 1, 1999, the sum of ONE HUNDRED THIRTY THREE THOUSAND THIRTY FIVE\nAND 98\/100 DOLLARS ($133,035.98) shall be due, and a like sum due on the first\nday of each month thereafter, through and including January 1, 2000.\n\nOn February 1, 2000, the sum of ONE HUNDRED THIRTY FIVE THOUSAND NINE HUNDRED\nEIGHTY THREE AND 88\/100 DOLLARS ($135,983.88) shall be due, and a like sum due\non the first day of each month thereafter, through and including October 1,\n2000.\n\nOn November 1, 2000, the sum of ONE HUNDRED THIRTY SIX THOUSAND THREE HUNDRED\nTHIRTY FOUR AND 43\/100 DOLLARS ($136,334.43) shall be due, and a like sum due on\nthe first day of each month thereafter, through and including January 1, 2001.\n\nOn February 1, 2001, the sum of ONE HUNDRED THIRTY EIGHT THOUSAND SIX HUNDRED\nNINETY TWO AND 75\/100 DOLLARS ($138,692.75) shall be due, and a like sum due on\nthe first day of each month thereafter, through and including October 1, 2001.\n\nOn November 1, 2001, the sum of ONE HUNDRED THIRTY NINE THOUSAND FORTY THREE AND\n30\/100 DOLLARS ($139,043.30) shall be due, and a like sum due on the first day\nof each month thereafter, through and including January 1, 2002.\n\nAs a result of the increase in square feet leased, the Aggregate Rental shall be\nincreased by $1,072,703.31, or from $7,973,943.49 to $9,046,646.80.\n\n4. INCREASED PARKING: Tenant's nonexclusive parking spaces shall be increased by\n28 spaces or from 216 spaces to 244 spaces. In addition, Tenant shall retain its\n4 exclusive parking spaces.\n\n5. SECURITY DEPOSIT: Tenant's Security Deposit shall be increased by $43,433.76,\nor from $234,652.84 to $278,086.60, payable upon Tenant's execution of this\nAmendment No. 1.\n\n6. MANAGEMENT FEE: Beginning October 21, 1997, Tenant shall pay to Landlord, in\naddition to the Basic Rent and Additional Rent, a fixed monthly management fee\n('Management Fee') equal to three percent (3%) of the Basic Rent due for each\nmonth throughout the remaining Lease Term. Tenant shall remain liable for the\nfive percent (5%) management fee previously charged against Additional Rent\nthrough October 20, 1997.\n\n7. ASSIGNMENT AND SUBLETTING: Lease Paragraph 16 ('Assignment and Subletting')\nshall be amended to include the following language:\n\n        'Any and all sublease agreement(s) between Tenant and any and all\n        subtenant(s) (which agreements must be consented to by Landlord,\n        pursuant to the requirements of this Lease) shall contain the following\n        language:\n\n\n\n               'If Landlord and Tenant jointly and voluntarily elect, for any\n        reason whatsoever, to terminate the Master Lease prior to the scheduled\n        Master Lease termination date, then this Sublease (if then still in\n        effect) shall terminate concurrently with the termination of the Master\n        Lease. Subtenant expressly acknowledges and agrees that (1) the\n        voluntary termination of the Master Lease by Landlord and Tenant and\n        the resulting termination of this Sublease shall not give Subtenant any\n        right or power to make any legal or equitable claim against Landlord,\n        including without limitation any claim for interference with contract or\n        interference with prospective economic advantage, and (2) Subtenant\n        hereby waives any and all rights it may have under law or at equity\n        against Landlord to challenge such an early termination of the Sublease,\n        and unconditionally releases and relieves Landlord, and its officers,\n        directors, employees and agents, from any and all claims, demands,\n        and\/or causes of action whatsoever (collectively, 'Claims'), whether\n        such matters are known or unknown, latent or apparent, suspected or\n        unsuspected, foreseeable or unforeseeable, which Subtenant may have\n        arising out of or in connection with any such early termination of this\n        Sublease. Subtenant knowingly and intentionally waives any and all\n        protection which is or may be given by Section 1542 of the California\n        Civil Code which provides as follows: 'A general release does not extend\n        to claims which the creditor does not know or suspect to exist in his\n        favor at the time of executing the release, which if known by him must\n        have materially affected his settlement with debtor.'\n\n               The term of this Sublease is therefore subject to early\n        termination. Subtenant's initials here below evidence (a) Subtenant's\n        consideration of and agreement to this early termination provision, (b)\n        Subtenant's acknowledgement that, in determining the net benefits to be\n        derived by Subtenant under the terms of this Sublease, Subtenant has\n        anticipated the potential for early termination, and (c) Subtenant's\n        agreement to the general waiver and release of Claims above.\n\n               Initials:___________         Initials: ___________'\n                         Subtenant                      Tenant\n\n8. LIMITATION OF LIABILITY: Lease Paragraph 36 ('Limitation of Liability') shall\nbe deleted and replaced in its entirety by the following:\n\n'36. LIMITATION OF LIABILITY In consideration of the benefits accruing\nhereunder, Tenant and all successors and assigns covenant and agree that, in the\nevent of any actual or alleged failure, breach or default hereunder by Landlord:\n\n(i)     the sole and exclusive remedy shall be against Landlord's interest in\n        the Premises leased herein;\n\n(ii)    no partner of Landlord shall be sued or named as a party in any suit or\n        action (except as may be necessary to secure jurisdiction of the\n        partnership);\n\n(iii)   no service of process shall be made against any partner of Landlord\n        (except as may be necessary to secure jurisdiction of the partnership);\n\n\n\n(iv)    no partner of Landlord shall be required to answer or otherwise plead to\n        any service of process:\n\n(v)     no judgment will be taken against any partner of Landlord:\n\n(vi)    any judgment taken against any partner of Landlord may be vacated and\n        set aside at any time without hearing;\n\n(vii)   no writ of execution will ever be levied against the assets of any\n        partner of Landlord;\n\n(viii)  these covenants and agreements are enforceable both by Landlord and also\n        by any partner of Landlord.\n\n        Tenant agrees that each of the foregoing covenants and agreements shall\nbe applicable to any covenant or agreement either expressly contained in this\nLease or imposed by statute or at common law.'\n\n9. AUTHORITY TO EXECUTE. The parties executing this Agreement hereby warrant and\nrepresent that they are properly authorized to execute this Agreement and bind\nthe parties on behalf of whom they execute this Agreement and to all of the\nterms, covenants and conditions of this Agreement as they relate to the\nrespective parties hereto.\n\n        EXCEPT AS MODIFIED HEREIN, all other terms, covenants, and conditions of\nsaid September 2, 1994 Lease Agreement shall remain in full force and effect.\n\n        IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment \nNo. 1 to Lease as of the day and year last written below.\n\n\nLANDLORD:                                TENANT:\n\nJOHN ARRILLAGA SURVIVOR'S TRUST          VERITAS SOFTWARE CORPORATION\n                                         a California corporation\n\nBy \/s\/ John Arrillaga                    By \/s\/ Jay A. Jones\n   --------------------------------         ------------------------------------\n   John Arrillaga, Trustee                  Jay A. Jones\n\nDate:  10\/21\/97                          Title:  VP, General Counsel, Secretary\n       ----------------------------              -------------------------------\n\nRICHARD T. PEERY SEPARATE\nPROPERTY TRUST\n\nBy  \/s\/ Richard Peery                    Date:  9\/17\/97\n    -------------------------------             --------------------------------\n    Richard T. Peery, Trustee\n\nDate:  10\/22\/97\n       ----------------------------\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9244],"corporate_contracts_industries":[9513],"corporate_contracts_types":[9583,9579],"class_list":["post-41796","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-veritas-software-corp","corporate_contracts_industries-technology__software","corporate_contracts_types-land__ca","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41796","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41796"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41796"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41796"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41796"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}